AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE	AFSN/SSAN

X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

"

--  -	- -	-	-	----- - -

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x

ISSUES

A94. 11
AOl.53

INDEX NUMBER

A67. 10

x
x

1  ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

26 Jan 2012	FD-2010-00426

Case heard in Washington, D.C.

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.
Names and votes will be made available to the applicant at .the applicant's request.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2010-00426	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal  appearance before the Discharge Review Board  (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

ISSUE:  Applicant received a General discharge for Misconduct- Minor Disciplinary Infractions

Applicant contends discharge was improper and states he was not discharged for misconduct.  Additionally, he states he went through his chain of command to request an early discharge based on issues between him and his supervisor.  He states an honorable discharge was approved by his commander.	The records indicated the applicant received an Article 15, one Vacation, two Letters of Reprimand, and six Letters of Counseling. His misconduct included failure to obey an order, failure to follow an instruction (2x), failure to pay just debt (2x), failure to maintain dorm standards, driving with an expired license, expired registration and no proof of insurance (2x), failed to adhere to dress and appearance standards, failed to go to duty on time, and failed to perform duty correctly.  After a thorough review of the records, the Board concluded the applicant's contention has no merit	In fact, on August 27, 1997, the applicant acknowledged receipt that he was being recommended for a General discharge for the misconduct listed above.   The Board opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the  applicant was found to be appropriate.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief